Ireland’s system for supporting people whose decision-making may be impaired has changed dramatically in recent years. With the commencement of the Assisted Decision-Making (Capacity) Act 2015, the State replaced the old wardship model with a modern, rights-based framework designed to respect autonomy while providing necessary safeguards.
If you are caring for an adult with reduced capacity, or if you work with vulnerable individuals, you may hear references to “Part 5 ADMC Applications” under the Act. These are applications made to the Circuit Court or High Court when a significant decision must be made for someone who may not have the mental capacity to make it alone.
However, Part 5 ADMC Applications are widely misunderstood, and the process can feel daunting. This article explains, in plain language, what Part 5 Applications Under the Assisted Decision-Making (Capacity) Act 2015 covers, when a court application is needed, and how we guide clients through the process with clarity and compassion.
A Shift Away from Wardship
For decades, adults who were found to lack capacity were often made “wards of court,” a status that dramatically restricted their autonomy. The 2015 Act, one of the most significant social reforms in modern Irish law, dismantles that system.
Instead of declaring a person incapable in all areas of life, the new Act recognises that capacity is decision-specific. A person may be able to make some decisions, but require assistance or formal support for others.
Part 5 of the Act is the legal mechanism that allows the courts to step in only when necessary, and only to the extent required to support the person. It represents a more proportionate, more humane approach.
When Is an Part 5 ADMC Application Needed?
Not every issue involving a vulnerable adult requires going to court. In fact, the Act strongly emphasises helping people make their own decisions where possible.
An Part 5 ADMC application becomes relevant when a major decision needs to be made; often involving healthcare, property, finances, or personal welfare, and there is a genuine question about whether the person has the capacity to understand and make that decision, even with support.
A Real-World Example
Mary is 78 and lives alone. She has early-stage dementia but remains independent. Her GP recommends a surgical procedure, and Mary becomes confused when it’s explained. Her daughter tries to help her understand, but Mary can’t hold the information long enough to decide. Because the decision is significant and time-sensitive, the family may need the court to authorise the treatment or appoint a representative to make this specific decision on Mary’s behalf.
It’s this type of situation, not everyday decisions, but serious or complex ones, where Part 5 becomes relevant.
How Does the Court Assess Capacity?
One of the most important parts of the Act is its definition of capacity. Capacity is not judged simply by a diagnosis such as dementia, intellectual disability, brain injury, or mental illness. Instead, the law uses a functional test, meaning it looks at whether the person can:
- understand the relevant information,
- retain it long enough to make a choice,
- weigh up the options, and
- communicate their decision in any way.
If the person can do these things with support, the law presumes they have capacity. Only when this support is not enough will the court consider whether a formal order is required.
This is a crucial legal insight: a Part 5 order is not about taking away someone’s autonomy. It is about identifying the minimum level of intervention needed to protect their rights and welfare.
But what does “with support” mean?
This is a key concept. The law requires that a person be given all reasonable support before concluding that they lack capacity.
Support can take many forms: for example, information may need to be explained more slowly or in simpler language; diagrams, written notes or visual aids may help the person understand their options; a decision may need to be broken into smaller, more manageable steps; or a trusted family member or professional may sit with the person to help them process the information.
Some individuals simply need extra time to think, to ask questions, or to communicate in a way that suits them. Others may benefit from assistive technology or communication tools.
If the person can make the decision with these supports, then legally they are considered to have capacity, even if they needed significant assistance to get there. Only when these supports are genuinely insufficient does the court consider intervening.
This ensures that autonomy, not protection, is always the starting point.
What the Court Actually Does
When a Part 5 ADMC application is made, the court reviews medical assessments, input from family members, social workers, healthcare staff, independent solicitors for the person and where possible the views of the person themselves.
The court’s role is to ensure that:
- the individual’s will and preferences are prioritised,
- any intervention is proportionate and time-limited, and
- less-restrictive supports have been considered first.
The court may ultimately appoint a decision-making representative to assist the person in a specific area, set out guidelines on how decisions must be made, or authorise a particular action on the person’s behalf.
While the process is sensitive and formal, its aim is to protect, not to override.
What Families Should Expect
For many families, initiating a Part 5 ADMC application feels emotionally difficult. It raises questions of dignity, privacy, and the desire to do right by a loved one. We understand this deeply and we work hard to make the process as straightforward as possible.
Our role is to explain every stage clearly, ensure the paperwork is correct, and help the family present their loved one’s wishes respectfully and accurately.
How We Can Help
At Anthony Joyce & Co. Solicitors, we assist families, individuals and professionals with every aspect of the Act, from early advice on whether a Part 5 ADMC application is necessary, to representation in court, to guiding clients through their responsibilities once an order is made.
We pride ourselves on combining legal expertise with empathy and sensitivity. Capacity issues often arise during challenging moments in a person’s life; our aim is to provide reassurance and a steady hand throughout.
Moving Forward in a New Era of Decision-Making
The Assisted Decision-Making (Capacity) Act 2015 has ushered in a new era in Ireland, one focused on dignity, autonomy and support.
Part 5 applications are an important tool within this framework, but they are also a last resort. With the right supports, many people can and do make their own decisions. Where court involvement becomes necessary, it is there to protect rather than to restrict.
If you are concerned about a loved one’s ability to make a significant decision, or you believe a Part 5 ADMC application may be needed, we encourage you to contact us.
Our solicitors will listen, advise, and guide you through the process with clarity and compassion.
